CASSATION QUESTIONED THE PERFORMANCE OF A THIRD PARTY

The courts of two instances refused to satisfy the claim, based on the fact that the fact of payment is confirmed by the circumstances of the case.

A preliminary contract for the purchase and sale of a land plot was concluded between the defendant and a person affiliated with the debtor, according to which the defendant made the payment, however, the property was not transferred to him. At the same time, according to the disputed contract, the debtor transferred real estate to the defendant, which the courts considered to be executed for a third party, that is, the above-mentioned affiliated company.

The cassation sent the dispute for a new consideration, since the courts, without a reasoned justification, recognized the fact of the payment made earlier by the defendant under the preliminary agreement on account of the disputed contract. At the same time, the subject composition of the participants in the transaction is different, the subject of the contracts is different (different land plots, different areas); it is not indicated on the basis of which the courts considered that the affiliated entities have common obligations and common property.

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